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MASSACHUSETTS BAY TELECASTERS, INC. v. F. C. C.

Nos. 13896, 13899.

295 F.2d 131 (1961)

MASSACHUSETTS BAY TELECASTERS, INC., Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WHDH, Inc., a Massachusetts Corporation, Intervenor. GREATER BOSTON TELEVISION CORPORATION, Appellant, v. FEDERAL COMMUNICATIONS COMMISSION, Appellee, WHDH, Inc., a Massachusetts Corporation, Intervenor.

United States Court of Appeals District of Columbia Circuit.

January 19, 1961.

Attorney(s) appearing for the Case

Messrs. Laurence S. Fordham, James A. McKenna, Jr., and Vernon L. Wilkinson, Washington, D. C., were on the pleadings for appellant in No. 13,896.

Messrs. Jeremiah T. Riley, Washington, D. C., and J. Joseph Maloney, Jr., Boston, Mass., were on the pleadings for appellant in No. 13,899.

Messrs. John L. FitzGerald, General Counsel, Max D. Paglin, Asst. General Counsel, Edgar W. Holtz, Associate General Counsel, and James T. Brennan, Jr., Attorney, Federal Communications Commission, were on the pleadings for appellee.

Messrs. William J. Dempsey, William C. Koplovitz and Harry J. Ockershausen, Washington, D. C., were on the pleadings for intervenor WHDH, Inc.

Before EDGERTON, DANAHER and BURGER, Circuit Judges.

PER CURIAM.

Whereas this court in its opinion of July 31, 1958, 104 U.S.App.D.C. 226, 261 F.2d 55, indicated its intention on the record then before the court, to affirm the Commission's order of April 25, 1957, awarding VHF Channel 5 in Boston to WHDH, Inc., as to which no judgment by this court was then entered;

And Whereas the court by its order of July 31, 1958, directed that the status quo be maintained pending the court...

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